Section 1
This Act may be cited as the National Security Council
(Amendment) Act 2020.
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NATIONAL SECURITY COUNCIL (AMENDMENT) ACT 2020 is Malaysia Amendment Act, cited as Amendment Act A1625 2020, currently marked in force and first recorded in 2020.
Opening note
This Act may be cited as the National Security Council
(Amendment) Act 2020.
Amendment of section 2
The National Security Council Act 2016 [Act 776], which is referred to as the “principal Act” in this Act, is amended in section 2, in the definition of “security area”, by substituting for the words “Prime Minister” the words “Yang di-Pertuan
Agong”.
NATIONAL SECURITY COUNCIL (AMENDMENT)
ACT 2020
Amendment of section 6
by inserting after subsection (1) as renumbered the following subsection:
“(2) The Chairman shall appoint from amongst the members of the Council a Deputy Chairman.”.
Amendment of section 8
Section 8 of the principal Act is amended in subsection (2)
by substituting for the words “a member of the Council” the words “any other member of the Council”.
Amendment of section 18
in subsection (1), by substituting for the words
“Prime Minister” wherever appearing the words
“Yang di-Pertuan Agong”;
in subsection (4), by substituting for the words “Prime
Minister” the words “Yang di-Pertuan Agong, on the advice of the Council,”;
in subsection (6), by substituting for the words “before
Parliament” the words “before both Houses of Parliament”;
and
in subsection (7), by substituting for the words
“Prime Minister may” the words “Yang di-Pertuan Agong may, on the advice of the Council”.
National Security Council (Amendment)
5
Amendment of section 21
Section 21 of the principal Act is amended—
in paragraph (a), by deleting the word “and” at the end of the paragraph;
in paragraph (b), by substituting for the full stop at the end of the paragraph the words “; and”;
and
by inserting after paragraph (b) the following paragraph:
“(c) request from any individual or entity other than a Government Entity, any information or intelligence in his or its possession.”; and
by inserting after subsection (5) the following subsections:
“(6) Any individual who fails to comply with the request under paragraph (3)(c) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.
Any entity other than a Government Entity which fails to comply with the request under paragraph (3)(c)
commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit.”.
Amendment of section 37
Section 37 of the principal Act is amended in subsection (2)
by substituting for the words “two years” the words “five years”.
Amendment of section 42
and (2), by substituting for the words “Prime Minister” the word
“Council”.
New sections 42a and 42b
The principal Act is amended by inserting after section 42
the following sections:
“Liability of director, etc., of company, etc.
Quoted provision
Where any person who commits an offence under this
Act or any regulations made under this Act is a company, limited liability partnership, firm, society or other body of persons, a person who at the time of the commission of the offence was a director, compliance officer, partner, manager, secretary or other similar officer of the company, limited liability partnership, firm, society or other body of persons or was purporting to act in the capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company, limited liability partnership, firm, society or other body of persons or was assisting in its management—
may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or other body of persons;
and
if the company, limited liability partnership, firm, society or other body of persons is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
that the offence was committed without his knowledge; and
National Security Council (Amendment)
that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Liability of person for act, etc., of employee, etc.
Quoted provision
Where any person would be liable to any punishment or penalty under this Act or any regulations made under this
Act for any act, omission, neglect or default committed—
by the employee of that person’s agent when acting in the course of his employment by that person’s agent or otherwise on behalf of that person’s agent acting on behalf of that person, that person shall be liable to the same punishment or penalty for every such act, omission, neglect or default of that person’s employee or agent, or of the employee of that person’s agent.”.